Neutral Citation No. - 2025:AHC-LKO:37681 Court No. - 6 Case :- WRIT - C No. - 6227 of 2025 Petitioner :- Jitendra Kumar Singh Respondent :- State Of U.P. Thru. Distt. Magistrate Gonda And 9 Others Counsel for Petitioner :- Ashutosh Kumar Singh Counsel for Respondent :- C.S.C., Pankaj Gupta Hon'ble Alok Mathur, J. 1. Supplementary affidavit filed by the petitioner is taken on record. 2. Heard Sri Hariom Pandey, advocate, holding brief of Sri Ashutosh Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for the respondent No.1 to 3 and Sri Vikram Dutt Pandey, advocate, holding brief of Sri Pankaj Gupta, learned counsel for the respondent No. 4/Gao Sabha. 3. The present petition has been filed with the following main prayer(s): "(i) Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the opp. parties specifically the opp. party No.1 to 4 that during pendency of the suit No D-202508300000196(Jitendra Kumar Singth versus Chhedi and others) U/S 38(3) of Uttar Pradesh Revenue Code 2006, not to demarcate and construct the chak marg and not to disturb the peaceful possession of the petitioner over the bhumidhari land of the petitioner bearing land gata No. 491/0-5670 hec. situated at village Pure Ajab, Pargana Gwarich Tehsil Colonelganj, District Gonda. (ii) Hon'ble Court may be pleased to direct the opposite party no. 3 to decide the suit No D-202508300000196(Jitendra Kumar Singth versus Chhedi and others) U/S 38(3) of Uttar Pradesh Revenue Code 2006 within stipulated time period." 4. Learned counsel for the petitioner has submitted that the petitioner is the co-owner of land situated at Gata No. 491 and his share in the said Gata is 0.0945 hectare situated at village Pure Ajab, Pargana Gwarich, Tehsil Colonelganj, District Gonda. He has submitted that there is discrepancy in the map of the area owned and possessed by the petitioner has been wrongly depicted in the map in the revenue records whereas area of Gata No. 123 and 124 has been increased encroaching the area of the petitioner who is the owner in possession of the same. He has submitted that due to error in the map, the respondents are also proceeding to make constructions on the land which in fact falls within Gata No. 491 owned and possessed by the petitioner. In the aforesaid circumstances, the petitioner has also moved an application under Section 38 of the Uttar Pradesh Revenue Code, 2006 before the respondent No. 1 namely District Magistrate, Gonda. He submits that in the aforesaid circumstances, the present petition has been filed seeking a direction to the respondent No. 1 and 4 not to demarcate and construct the on the plot of the petitioner bearing Gata No. 491. 5. Learned counsel for the petitioner has confined his prayer only to the extent that the respondent No. 1 should be directed to consider and decide the Suit No. D-202508300000196 (Jitendra Kumar Singh Vs. Chhedi And Other) under Section 38(3) of Uttar Pradesh Revenue Code, 2006. 6. Learned counsel for the respondents do not oppose the aforesaid prayer made by learned counsel for the petitioner in case a direction be issued to the respondent No. 1 for expeditious disposal of the suit of the petitioner. 7. Accordingly, the present writ petition is disposed of with direction to the respondent No. 1/ District Magistrate, Gonda to consider and decide the application for interim relief filed by the petitioner under Section 38 (3) of the Uttar Pradesh Revenue Code, 2006, expeditiously, say, within a period of one week from the date a certified copy of this order is produced before him, in accordance with law, after giving proper opportunity of hearing to the parties concerned. In case, the respondents are not served, then it shall be open for the respondent No. 1 to consider and decide grant of ad-interim relief to the petition in case, the case in this regard is so made out. Order Date :- 3.7.2025 (Manoj K.) (Alok Mathur, J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench